Certain aliens are exempted from the Labor Certification application process by virtue of their extraordinary ability, outstanding research, positions as international managers and executives, or their work in U.S. national interest. An immigrant petition filed on behalf of an alien with extraordinary ability must demonstrate that the alien possesses a level of expertise indicating that he or she has risen to the top of the field of endeavor.

If you have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation, then you will qualify as an alien of extraordinary ability. If you are a member of the "small percentage who have risen to the very top of the field of endeavor", then you can apply under this category.

A Green Card applicant with extraordinary ability in the sciences, arts, education, business, or athletics is eligible for treatment as a priority worker in the EB1 category. Individuals who qualify for this category as persons with extraordinary ability can waive both the Labor Certification and offer of employment requirements.

The extraordinary ability category does not require a job offer or a U.S. employer's sponsorship. Therefore, no labor certification is required. Consequently, aliens can petition for themselves without the assistance of an employer. However, it will be important for the alien to establish that he or she will continue to work in the area of his/her specialty in United States.

The employment-based immigration is one of the most popular ways to obtain U.S. Permanent Residency. The Permanent Residency process is a two-application process. One application is called Form I-140 petition for an immigrant visa, which can be filed by a U.S. employer or by an alien in some immigration categories, such as EB1- Extraordinary Ability.

The other application is filed by an alien and is called Form I-485 application, to change his or her legal status in the United States to receive the actual Green Card, as a U.S. permanent resident.

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